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STARTING JULY 1, 2022

Inclusionary Zoning (IZ) Policy Matrix

PAYMENT IN
TOTAL TIER 1 LIEU FOR PAYMENT IN BONUS

IZ PERCENT | TARGET AMI TIER 2 PARTIAL LIEUFOR PAYMENTIN]| DENSITY
UNITS LOCATION | REQUIRED? | REQUIRED fl] TARGET AMI UNITS? ALL UNITS? LIEU VALUE] RATIO [2]
OWNERSHIP HOUSING
Less than 10 Citywide N
10 - 49 Citywide Y 10% 80% N/A Y N $100,000 1:1
50-99 Citywide Y 15% 80% (10%) 100% (5%) Y N $100,000 2:1
100+ Citywide Y 20% 80% (10%) 100% (10%) Y N $100,000 2:1
RENTAL HOUSING
Less than 10 Citywide [3] N
10-49 Citywide Y 10% 80% N/A Y N $37,000 1:1
50 - 99 Citywide Y 15% 80% N/A Y N $37,000 1:1
100+ Citywide Y 20% 80% N/A Y N $37,000 1:1
Less than 10 Downtown N
10- 49 Downtown Y 5% 80% N/A Y Y $37,000 2.5:1
50 - 99 Downtown Y 7.5% 80% N/A Y Y $37,000 2.5:1
100+ Downtown Y 10% 80% N/A Y Y $37,000 2.5:1
NOTES:

[1] Target income tiers are applied based on share of total IZ requirement
[2] Bonus density ratio reflects number of additional market rate units allowed for every IZ unit provided
[3] Citywide IZ policy for rental housing does not apply in designated Downtown District

LEGISLATIVE YEAR 2021

ORDINANCE: Q-21-073

PURPOSE: Amending the Inclusionary Zoning Supplemental Use
Regulations

SPONSOR(S): Mayor Jim Donchess

Alderwoman-at-large Shoshanna Kelly
Alderman Patricia Klee

Alderman Thomas Lopez

Alderman Michael B. O’Brien Sr.

COMMITTEE Planning and Economic Development Committee
ASSIGNMENT: Planning Board
FISCAL NOTE: This ordinance will not result in any increases in costs to the

general fund. As units come on board, any monitoring costs
paid to a 3rd party contractor will be paid for out of the
housing trust fund.

ANALYSIS

This legislation amends the Inclusionary Zoning Supplemental Use Regulations.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing. (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7,1.) A
favorable vote of two-thirds of all the members of the board of aldermen present and voting
would be required if a protest petition is filed pursuant to RSA 675:5. Under RSA 676:12 and
NRO Section 105-3, no building permit may be issued after the legal notice has been posted if
the proposed changes would, if adopted, justify refusal of the permit. This limitation applies for a
period of 120 days.

Approved as to form: Office of Corporation Counsel

By: /s/Celia K. Leonard

Date: November 3, 2021

O-21-083

ORDINANCE
RELATIVE TO REQUIRING FACE COVERINGS THROUGH JANUARY 31, 2022
CITY OF NASHUA

In the Year Two Thousand and Twenty One
Whereas, the Nashua Board of Health provided the following statement:

Relevant statistics as of December 14, 2021, comparing the change over the prior 2 weeks.
Nationwide:

e Cases of Covid-19 are up 47%
e Hospitalizations are up 21%
e Deaths are up 40%

This is all despite just a 1% increase in testing. And New Hampshire, along with Rhode Island,
leads the country in cases per capita.

Gene sequencing has showed that the Omicron variant has arrived in New Hampshire, and we
have verified that Covid-19 tests do not cross-react with either the flu virus or the common cold,
even in the face of the Omicron variant. A positive Covid-19 test means Covid-19. To date,
799, 000 Americans have died of Covid-19. Many more have been left with disabilities due to
the ravages of serious Covid-19 infection. We have come to learn this virus has killed 1 of every
415 Americans.

We are setting records with the number of cases seen here in New Hampshire, Greater Nashua
and the City of Nashua. There is an increasing number of cases in those who are unvaccinated.
Our local hospitals are reporting 60%-80% of patients are unvaccinated and very ill. In addition,
our hospitals are over capacity, having to stand up temporary ICU beds, and they are facing
significant staffing issues, so much so, that Governor Sununu activated the National Guard to
assist the hospitals in providing care.

Multiple scientific analysis and projections show that we are headed for a substantial increase in
illness and hospitalizations due to a triple threat: the overwhelming presence of the highly
contagious and deadly Delta variant, flu season and the even more contagious Omicron variant.
This does not even take into account the uptick in non-Covid-19 illness due to pandemic delays
in care and testing.

ORDINANCE O-22-083

We know that vaccines are safe and remain very effective in preventing hospitalization and
death. A significant portion of the 52.8 percent of people who were vaccinated were vaccinated
more than six months ago, and immunity wanes. Children were only recently approved in the
past couple of months. Getting a booster or completing the vaccine series for most children is
not something that can reasonably be accomplished before the holidays.

Much has been written about the effectiveness of masks, and our understanding of their role in
preventing serious illness in the wearer and in reducing spread in the community in general. The
CDC has updated their assessment of mask effectiveness as recently as December 6". Masks are
unequivocally an important tool in fighting the spread of Covid-19. In fact, in one of the most
controlled settings known, an outbreak of Covid-19 in the contained environment of an aircraft
carrier, wearing a face covering was associated with a 70% reduction in the risk of infection with
Covid-19. Masks have also been proven to be safe. Details can be found on the CDC website.
https://www.cdc.gov/coronavirus/20 19-ncov/science/science-briefs/masking-sc ience-sars-

cov2. html

We recognize the trend in the uptick in cases during the holidays last year. We saw an increase
in cases during this past Thanksgiving holiday on top of the already increasing number of cases
due to the high transmissibility of the Delta variant. With the onset of the December holiday and
recreational activities, individuals will engage in more indoor activities that will increase
crowding in indoor public settings for gatherings, traveling, shopping and other venues. We
want to increase the protection of everyone during and after those activities. This
recommendation is made based on the substantial and high transmissions that are occurring in
the community setting.

Thus, the Board of Health urges the Board of Alderman to implement a mask mandate and to do
so without delay given the impending Holidays.

Now therefore, the City of Nashua ordains that the following Emergency Public Health Order
adopted by the Nashua Board of Health is hereby approved:

1. Employees of all businesses shall wear a face covering over their mouth and nose when
interacting with the public and whenever they are within six feet of a co-worker or a
customer.

2. Members of the public entering any business, including without limitation any outdoor
area where business of any sort is conducted, work site, or government building must
wear a face covering over their nose and mouth.

3. Members of the public entering a restaurant for the purpose of picking up food for take-
out or any other purpose must wear a face covering over their mouth and nose. Members

of the public dining ata restaurant may remove face covering when actively eating and
drinking.

4. Residents, visitors, and members of the public entering or present at a residential or
commercial building complex of greater than two (2) units must wear a face covering

over their nose and mouth while in common areas and communal spaces.

ORDINANCE O-21-083

5. This order applies to all individuals over the age of 2, regardless of vaccination status.

6. A face covering is not required to be worn by any person if said person can show a
medical professional has advised that wearing a face covering may pose arisk to said
person for health related reasons. This exception to the face covering requirement for
health reasons shall require a person to have in his or her immediate possession a written
document executed by a medical doctor, registered nurse practitioner, or a physician’s
assistant authorized to prescribe medication which document certifies that the practitioner
has warned the individual that he or she should not wear a face covering because it would
pose a risk to his or her health.

7. All businesses open to the public, including restaurants, retail stores, service providers,
and places of amusement and recreation, and residential and commercial buildings of
greater than two (2) units shall post at each public entrance a notice stating “FACE
COVERINGS REQUIRED.”

8. Persons engaged in utilizing cardio, strength training, and other gymnasium equipment
may remove the face covering during the actual use of such equipment provided a
distance of six (6) feet from any other person is maintained.

9. Persons at places of amusement, including bingo halls, bowling alleys, charitable gaming
facilities, and similar places where food and drink is served secondarily to the main
activity may remove face covering while actually engaged in eating or drinking and not at
other times.

10. Persons receiving personal care services including hair cutting and other hair treatment,
facials, tattooing, piercing, and similar services, may remove face covering during any
limited period during which the face covering actually interferes with the performing of
the service.

11. For purposes of this ordinance and any other face covering requirements now in force or
hereafter adopted the following words shall have the indicated meanings:

“Business” means any manager or supervisor on the premises when a violation occurs
and any owner of the business.

“Face covering’ means a covering made of cloth, fabric, or other soft or permeable
material, without holes, that covers only the nose, mouth, and surrounding areas of the
lower face. A face covering may be a 2-layer cloth mask or a surgical mask, but may not
be a gaiter or scarf.

“Owner” means any one or more of the natural persons owning a business; in the case of
a business owned by a partnership “owner” means the partnership and all general and
limited partners; in the case of a business owned by a limited liability company “owner”
means the company and all managers and members thereof; in the case of a business
owned by a corporation “owner” means the corporation and all officers, and directors,

ORDINANCE O-21-083

thereof; and in the case of a business owned by a corporation having fewer than ten (10)
shareholders “owner” means all shareholders.

This ordinance shall be effective immediately and shall continue in effect until the end of the day
of January 31, 2022. The Board of Health and the Board of Aldermen reserve the right to revisit
this end date if the public’s health remains threatened due to increased transmission.

The City Clerk is directed not to codify this ordinance in the Nashua Revised Ordinances but to
designate it as Covid-19 Emergency Measure No. (City Clerk to assign appropriate
number upon passage) and publish it and any subsequent emergency measures on the city
website.

Dan Alpert, Esq., Staff Counsel. Dan counsels broadcasting clients with the acquisition of radio and
television stations, and with licensing and regulatory matters before the FCC.

. Project Experience-BRB Radio Experience

We have a proven history and track record of taking nearly a defunct AM radio station to a profitable
AM/FM station that continues to expand.

BRB has complied with all FCC rules and regulations, applied for construction permits with FCC
and was granted permission to expand to FM.

Obtained licensing for music from ASCAP/BMI/SESAC and contracted to be a licensed broadcaster
of NASCAR racing.

Built and maintained WSMN1590 website and audio stream via Stream guys.

Built from scratch and continuing to maintain a fully operational FCC Commercially Regulated
AM/FM Radio station, with three live studios:

(1) Studio A is setup to broadcast audio and video LIVE to any Social Media outlet.

(2) Studio A has 4 Electro Voice RE-20 Microphones, several RCA, 3.5mm and 4” Mogami gold
plated cables running a few hundred feet. Studio B has 3 Electro Voice RE-20 Microphones,
several hundred feet of USB, Microphone, 4” and 3.5mm Mogami Gold Plated cables and a
Mackie 24 Channel digital mixing board

(3) Studio B has 1 Behringer 16 Channel Mixer, 1 Broadcast Tools manual switch and 2 SEC Pro
Microphones, several fect of 4’ and 3.5mm cables along with Mogami Gold Plated Microphone
cables. Installed 6 LIVE Logitech Brio Ultra HD Video and Audio streaming camera’s with
adjustable wall mounts and active Mogami USB extension cables that are viewable 24/7.

(4) Added a new equipment FM antennae, streaming audio and video equipment; use of OBS
software.

(5) Install includes several USB 1GBits 24 port Ethernet switches, several miscellaneous and related
components.

(6) Installed and maintained NEXGEN Automation Software. Installed multiple KVB extenders
with over 500’ of CatS Ethernet Cables. Installed 1 Maverick 32 channel mixing board, 3
Broadcast Tools Switches, 2 Broadcast Tools automated switches. Electrically wired in auto
on/off air lights to coincide with mic on/off control on mixing board. Installed 4 Electro Voice
RE-20 Microphones, AGM Stands and over 70’ of Mogami mic cables.

(7) Installed and setup 4 Microsoft windows computers with OBS software, Adobe Audition,
Wondershare Video Editing software.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-083
PURPOSE: Relative to requiring face coverings through January 31, 2022
ENDORSERS: Alderman Thomas Lopez

Alderman Patricia Klee

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: None.

ANALYSIS

This legislation approves the regulation adopted by the Board of Health requiring the wearing of
face coverings by persons at various places, effective through January 31, 2022.

Approved as to form: Office of Corporation Counsel

By: /s/_ Steven A. Bolton

Date: December 17, 2021

A Special Meeting of the Board of Aldermen was held Tuesday, December 14, 2021, at 7:00 p.m. in the Aldermanic
Chamber and via Zoom teleconference which meeting link can be found on the agenda and on the City’s website
calendar.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Jan Schmidt led in the Pledge to the Flag.
Let’s start the meeting by taking a roll call attendance. If you are participating via Zoom, please state your presence,

reason for not attending the meeting in person, and whether there is anyone in the room with you during this meeting,
which is required under the Right-To-Know Law.

The roll call was taken with 11 members of the Board of Aldermen present and 1 participating via Zoom: Alderman
Michael B. O’Brien, Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly (arrived at 7:14 p.m. via Zoom),
Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin Clemons, Alderman Thomas Lopez
(arrived at 7:04 p.m.), Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan
Schmidt, Alderman Brandon Laws (via Zoom), Alderman Linda Harriott-Gathright, Alderman Wilshire.

Alderman Skip Cleaver was recorded absent.

President Wilshire

Alderman Cleaver did let me know that he was unable to join us this evening.

PRESENTATION

President Wilshire

Tonight we have a presentation. The Beautification Committee is going to give us an update on their
accomplishments and what they would like to work on in the future. So I'm going to recognize Carolyn Choate.

e Beautification Committee on their accomplishments and what they would like to work on in the future
Carolyn Choate
Thank you so much

President Wilshire

Good evening.

Carolyn Choate

Thank you. I'm going to start out a little bit differently tonight with my first slide that | want to thank my husband for
helping me with the PowerPoint this evening. If you'll see this slide, perhaps on the top here we all have one of those
relatives that we care so much about however you avoid visiting like the plague because well you don't really feel
comfortable going to their house, and you're thinking oh couldn't they just clean the place up a little bit, buy some new
furniture, maybe paint the walls, so that you would feel welcome and such - feel a little bit more comfortable. Because
golly, look what someone could do. Look at the bottom picture. That's kind of like what beautification could be like on a
grand scale for my relative that | love so much which is my dear city and are all our relative the City of Nashua.

So thank you for having me tonight. | am Carolyn Choate and | want to thank all of you here tonight - the current Board
of Aldermen for your support over the years that I've been the Chair. For those who are departing, | want to encourage
you to please nonetheless give us your support when you leave because after all even though your duties here may
decline, we still need you in Nashua. For those who are going to be new to the Board, | welcome this opportunity to
introduce you to what we do. Foremost I'd like to thank Mayor Donchess for giving me the opportunity to do what | love
most and that is become a beautification activist. | came to him in 2016 with a dream that he has let me see to fruition
and that was to impact the beautification, aesthetic nature of our city, both city properties, residential properties,
commercial properties in cooperation with city departments and not least of which was a mentor of all sorts and to many
of us Brian McCarthy God rest his soul and Steve Bolton who helped us to have a trust fund within the city giving us as

Special Board of Aldermen 12-14-2021 Page 2

the Beautification Committee the right, the authority to raise funds so that we could return those funds to city coffer to
beautify Nashua in ways that we could work in cohort with, for example, parks and recreation. It's still our dream after
our major fundraiser last summer to beautify a garden in Brian's memory here on this very property of City Hall.

So | also want to thank, most notably, also Nashua Code Enforcement because they have trained all our members in the
technique known as “knock and talk” and that is a wonderful mitigation, cooperative spirit wherein one never knows why
a property might look the way it does. You know you might complain about the neighbor next door who has grass very
high but you don't know maybe his wife had cancer, maybe he works 40 plus hours a week and is a single parent. One
never knows about what are the circumstances behind someone's, you Know, property situation. Many times they have
said to us, you Know, why bother? In confidence they said to us, why bother city enforcement when you as a neighbor
could go to someone and say, can | help? And they're absolutely right. In case you don't know, Code Enforcement is
looking after something like 20,000 properties. So if you want to put well deserved investment in something that has
long lasting effect for all economic development, for all echelons of society by having an aesthetically pleasing
environment for all its citizens investing in a couple more people in Code Enforcement would be well spent.

So let's move on to the PowerPoint. If | could have the next slide, please. This is our creed. This is what the Nashua
Beautification Committee’s mission statement is. It is the mission of the Nashua Beautification Advisory Committee - key
note “advisory” - to identify and develop opportunities that can enhance the visual attractiveness of the City of Nashua.
Towards this mission, the committee is committed to working in conjunction with city resources, residents, and
organization to maximize its efforts. Simple as that.

Next slide, please. Now, this happens to be in my neighborhood. These are things that | like to hope that we could
achieve. Maybe some of our laws could be enhanced - more enforcement. I'm not sure but maybe some of the laws
could be strengthened because many people say, Oh, come on we live in the Live Free or Die State. Why do | have to
care about what my property looks like? God, this is why | moved to New Hampshire. Well, you know, when you live in a
compact neighborhood imagine what the guy next door thinks. This is the person next door. He's a neatnick. Why
should he have to abide by the guy next door who really did have four to five feet weeds in his property? We did have
Code Enforcement come. He was a very belligerent individual and he said ultimately, | don't have a lawn mower. So it is
very tough on Code Enforcement and it's tough on compact neighborhoods. Maybe we can revisit some of the laws and
figure out how can we deal with it because so many people work so hard, modest incomes, but by golly, they can work
day and night and have a beautiful yard and feel so proud of their accomplishments.

Next slide. Now this property is also in dire straits. The grass got much taller but in this case, this is an absentee
landlord. They are buying houses all over the city and | ask you what are the laws in place? I'm not privy to them
perhaps but maybe you are. Can we have some maybe a deeper understanding of such matters for absentee
landlords? Next slide. This is the side of the property in a compact neighborhood - waste metal, garbage. | didn't want
to belabor it but this is just one side of the home. There are four single men living here who work in the trades and this is
what they are leaving on the property. | think it's a darn shame for the beautiful homes and people that live next door
and what they need to look at every day.

Next slide. Now, this is when we broach a new area because | know that you are particularly involved with what
happens in Nashua proper. This is a State issue. So | come to you and say, let's all work together. This is 36 square
miles that we all love whether the State has the authority, whether you have the authority, | just say let's come together
because when you drive into Nashua coming north on Everett Turnpike, this was promised to be a beautiful cascading.
We all know back when the widening was done promised to be a lovely cascading greenery. Bill Boynton told me point
blank before he left the Highway Department, yeah, that was an abject failure. How long are we going to put up with
this? This is in the fall. In the summer, it’s just atrocious. Several blocks worth. | know New Hampshire's getting some
amount of money from the infrastructure bill. Can't we all work together to get this looking right for the people that come
into our State? We are the Gate City. | beg you.

Next slide. Now this is another matter because I've worked with Code Enforcement and they say there are no laws on
the books about dealing with unsightly commercial properties unless they are of injurious nature to the general public
they have no say. This property, which was the, you know, - Amazon is using it now - the old Building 19. We all know
of it on Amherst Street. In the summertime, it is atrocious to look at. Again, another vantage point into our city. Why
must we look at industrial commercial sites that are blighted? People own those. Those are taxpayers in large measure.
There's nothing on the books to have them looking at least somehow respectable. So these are things I'm hoping that
we can work together in the future.

Next slide. This is, again, this is motor vehicles. That's not a lovely Stella Do Oro Lily on the left. That's crabgrass.
That's crabgrass that's as big as a whiskey barrel or our wine cask and those are hundreds of cigarette butts. A lot of
people come from other towns to use that facility for the Department of Transportation. They don't know maybe that